| Common Public License - v 1.0 |
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| THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON |
| PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE |
| PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
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| 1. DEFINITIONS |
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| "Contribution" means: |
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| a) in the case of the initial Contributor, the initial code and |
| documentation distributed under this Agreement, and |
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| b) in the case of each subsequent Contributor: |
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| i) changes to the Program, and |
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| ii) additions to the Program; |
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| where such changes and/or additions to the Program originate from and are |
| distributed by that particular Contributor. A Contribution 'originates' |
| from a Contributor if it was added to the Program by such Contributor |
| itself or anyone acting on such Contributor's behalf. Contributions do not |
| include additions to the Program which: (i) are separate modules of |
| software distributed in conjunction with the Program under their own |
| license agreement, and (ii) are not derivative works of the Program. |
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| "Contributor" means any person or entity that distributes the Program. |
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| "Licensed Patents " mean patent claims licensable by a Contributor which |
| are necessarily infringed by the use or sale of its Contribution alone or |
| when combined with the Program. |
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| "Program" means the Contributions distributed in accordance with this |
| Agreement. |
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| "Recipient" means anyone who receives the Program under this Agreement, |
| including all Contributors. |
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| 2. GRANT OF RIGHTS |
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| a) Subject to the terms of this Agreement, each Contributor hereby grants |
| Recipient a non-exclusive, worldwide, royalty-free copyright license to |
| reproduce, prepare derivative works of, publicly display, publicly |
| perform, distribute and sublicense the Contribution of such Contributor, |
| if any, and such derivative works, in source code and object code form. |
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| b) Subject to the terms of this Agreement, each Contributor hereby grants |
| Recipient a non-exclusive, worldwide, royalty-free patent license under |
| Licensed Patents to make, use, sell, offer to sell, import and otherwise |
| transfer the Contribution of such Contributor, if any, in source code and |
| object code form. This patent license shall apply to the combination of the |
| Contribution and the Program if, at the time the Contribution is added by |
| the Contributor, such addition of the Contribution causes such combination |
| to be covered by the Licensed Patents. The patent license shall not apply |
| to any other combinations which include the Contribution. No hardware per se |
| is licensed hereunder. |
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| c) Recipient understands that although each Contributor grants the licenses |
| to its Contributions set forth herein, no assurances are provided by any |
| Contributor that the Program does not infringe the patent or other |
| intellectual property rights of any other entity. Each Contributor disclaims |
| any liability to Recipient for claims brought by any other entity based on |
| infringement of intellectual property rights or otherwise. As a condition to |
| exercising the rights and licenses granted hereunder, each Recipient hereby |
| assumes sole responsibility to secure any other intellectual property rights |
| needed, if any. For example, if a third party patent license is required to |
| allow Recipient to distribute the Program, it is Recipient's responsibility |
| to acquire that license before distributing the Program. |
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| d) Each Contributor represents that to its knowledge it has sufficient |
| copyright rights in its Contribution, if any, to grant the copyright license |
| set forth in this Agreement. |
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| 3. REQUIREMENTS |
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| A Contributor may choose to distribute the Program in object code form under |
| its own license agreement, provided that: |
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| a) it complies with the terms and conditions of this Agreement; and |
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| b) its license agreement: |
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| i) effectively disclaims on behalf of all Contributors all warranties and |
| conditions, express and implied, including warranties or conditions of title |
| and non-infringement, and implied warranties or conditions of merchantability |
| and fitness for a particular purpose; |
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| ii) effectively excludes on behalf of all Contributors all liability for |
| damages, including direct, indirect, special, incidental and consequential |
| damages, such as lost profits; |
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| iii) states that any provisions which differ from this Agreement are offered |
| by that Contributor alone and not by any other party; and |
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| iv) states that source code for the Program is available from such |
| Contributor, and informs licensees how to obtain it in a reasonable manner on |
| or through a medium customarily used for software exchange. |
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| When the Program is made available in source code form: |
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| a) it must be made available under this Agreement; and |
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| b) a copy of this Agreement must be included with each copy of the Program. |
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| Contributors may not remove or alter any copyright notices contained within |
| the Program. |
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| Each Contributor must identify itself as the originator of its |
| Contribution, if any, in a manner that reasonably allows subsequent |
| Recipients to identify the originator of the Contribution. |
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| 4. COMMERCIAL DISTRIBUTION |
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| Commercial distributors of software may accept certain responsibilities |
| with respect to end users, business partners and the like. While this |
| license is intended to facilitate the commercial use of the Program, the |
| Contributor who includes the Program in a commercial product offering |
| should do so in a manner which does not create potential liability for |
| other Contributors. Therefore, if a Contributor includes the Program in a |
| commercial product offering, such Contributor ("Commercial Contributor") |
| hereby agrees to defend and indemnify every other Contributor ("Indemnified |
| Contributor") against any losses, damages and costs (collectively "Losses") |
| arising from claims, lawsuits and other legal actions brought by a third |
| party against the Indemnified Contributor to the extent caused by the acts |
| or omissions of such Commercial Contributor in connection with its |
| distribution of the Program in a commercial product offering. The |
| obligations in this section do not apply to any claims or Losses relating |
| to any actual or alleged intellectual property infringement. In order to |
| qualify, |
| an Indemnified Contributor must: a) promptly notify the Commercial |
| Contributor in writing of such claim, and b) allow the Commercial |
| Contributor to control, and cooperate with the Commercial Contributor in, |
| the defense and any related settlement negotiations. The Indemnified |
| Contributor may participate in any such claim at its own expense. |
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| For example, a Contributor might include the Program in a commercial |
| product offering, Product X. That Contributor is then a Commercial |
| Contributor. If that Commercial Contributor then makes performance claims, |
| or offers warranties related to Product X, those performance claims and |
| warranties are such Commercial Contributor's responsibility alone. Under |
| this section, the Commercial Contributor would have to defend claims |
| against the other Contributors related to those performance claims and |
| warranties, and if a court requires any other Contributor to pay any |
| damages as a result, the Commercial Contributor must pay those damages. |
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| 5. NO WARRANTY |
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| EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED |
| ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER |
| EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR |
| CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A |
| PARTICULAR PURPOSE. Each Recipient is solely responsible for determining |
| the appropriateness of using and distributing the Program and assumes all |
| risks associated with its exercise of rights under this Agreement, |
| including but not limited to the risks and costs of program errors, |
| compliance with applicable laws, damage to or loss of data, programs or |
| equipment, and unavailability or interruption of operations. |
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| 6. DISCLAIMER OF LIABILITY |
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| EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
| CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION |
| LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN |
| CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
| ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE |
| EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE |
| POSSIBILITY OF SUCH DAMAGES. |
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| 7. GENERAL |
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| If any provision of this Agreement is invalid or unenforceable under |
| applicable law, it shall not affect the validity or enforceability of |
| the remainder of the terms of this Agreement, and without further action |
| by the parties hereto, such provision shall be reformed to the minimum |
| extent necessary to make such provision valid and enforceable. |
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| If Recipient institutes patent litigation against a Contributor with |
| respect to a patent applicable to software (including a cross-claim or |
| counterclaim in a lawsuit), then any patent licenses granted by that |
| Contributor to such Recipient under this Agreement shall terminate as |
| of the date such litigation is filed. In addition, if Recipient |
| institutes patent litigation against any entity (including a cross-claim |
| or counterclaim in a lawsuit) alleging that the Program itself (excluding |
| combinations of the Program with other software or hardware) infringes |
| such Recipient's patent(s), then such Recipient's rights granted under |
| Section 2(b) shall terminate as of the date such litigation is filed. |
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| All Recipient's rights under this Agreement shall terminate if it fails |
| to comply with any of the material terms or conditions of this Agreement |
| and does not cure such failure in a reasonable period of time after |
| becoming aware of such noncompliance. If all Recipient's rights under this |
| Agreement terminate, Recipient agrees to cease use and distribution of the |
| Program as soon as reasonably practicable. However, Recipient's obligations |
| under this Agreement and any licenses granted by Recipient relating to the |
| Program shall continue and survive. |
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| Everyone is permitted to copy and distribute copies of this Agreement, |
| but in order to avoid inconsistency the Agreement is copyrighted and may |
| only be modified in the following manner. The Agreement Steward reserves |
| the right to publish new versions (including revisions) of this Agreement |
| from time to time. No one other than the Agreement Steward has the right |
| to modify this Agreement. IBM is the initial Agreement Steward. IBM may |
| assign the responsibility to serve as the Agreement Steward to a suitable |
| separate entity. Each new version of the Agreement will be given a |
| distinguishing version number. The Program (including Contributions) may |
| always be distributed subject to the version of the Agreement under which |
| it was received. In addition, after a new version of the Agreement is |
| published, Contributor may elect to distribute the Program (including its |
| Contributions) under the new version. Except as expressly stated in |
| Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to |
| the intellectual property of any Contributor under this Agreement, whether |
| expressly, by implication, estoppel or otherwise. All rights in the Program |
| not expressly granted under this Agreement are reserved. |
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| This Agreement is governed by the laws of the State of New York and the |
| intellectual property laws of the United States of America. No party to this |
| Agreement will bring a legal action under this Agreement more than one year |
| after the cause of action arose. Each party waives its rights to a jury |
| trial in any resulting litigation. |